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HomeMy WebLinkAboutNAPHCARE, INC. (2)0 o pSURANCE ON FILE WORK MAY PROCEED �n UNTI NS RANCEEXPIRES U CLERK OF COUNCIL CG DATE'. Exhibit 1 A-2020-187 SECOND AMENDMENT TO AGREEMENT WITH NAPHCARE, INC. PD (I)TO PROVIDE INMATE MEDICAL SERVICES (�Ur�eC�w7�rr) THIS SECOND AMENDMENT to the above -referenced agreement is entered into on September 15, 2020, by and between NaphCare, Inc., an Alabama corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2017-249, dated September 19, 2017, by which Contractor agreed to provide basic and emergency inmate medical services ("Agreement'). B. On October 1, 2019, the parties entered into a First Amendment to the Agreement (#A- 2017-249-01) to exercise the first option to extend the Agreement until September 30, 2020, and increase the overall compensation. The Agreement is current and in effect. C. The parties wish to exercise its second option to extend the term of the Agreement for one year and to increase the overall compensation to pay for services during the extension. The Parties therefore agree: 1. Section 1, TERM, is amended to extend the term of the Agreement for the period from October 1, 2020 through September 30, 2021. 2. Section 4, COMPENSATION, is amended to increase the overall compensation per the following: a. The total amount to be expended during this extension shall not exceed $2,836,417.94. This amount includes the base amount listed under the Tier I listing below, and includes a contingency amount of $200,000, for services to be provided at the sole discretion of the City and $18,000 to cover parking costs as provided under Section 4 of the Agreement. The total amount to be expended for this Agreement shall not exceed $10,545,614.28. Tier 1 Tier 2 (ADP at or above 176) (ADP at or below 175) Renewal Option Year One (10/01/19-09/30/20) $2 618,417.94 2,307,687.83 3. Except as modified by this Second Amendment, all terms and conditions of the Agreement, as amended, shall remain in full force and effect. [signature page to follow) #56925v5 A-2020-187 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above. ATTEST DAISY GOMEZi Clerk of the Council APPROVED AS TO FORM CARVnALHO, City Attorney By: L-- TAMARA BOGOSIAN Senior Assistant City Attorney RECOMMENDED FOR APPROVAL D ALENTIN Chief of Police #56925v5 CITY OF SANTA ANA MSTNORIDGE City Manager CONTRACTOR By: Bradford T. McLane Title: Chief Executive Officer rAC & CERTIFICATE OF LIABILITY INSURANCE DA L(M a1911 sl==-- 7 i11}712D20 THIS OERTIPIOATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THta CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORrZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the rardlWato holder Is an ADDITIONAL INSURED, the poitoy(Ies) must have ADDITIONAL INSURED provisions or be endorsed. if SUBROGATION IS WAIVED, subieat to the terms and conditions of the policy, certain podolos may require an endorsement. A statement on this cor"cate does not canter rights to the oart#0oate holder In fish of such endorsementhg. PROmim6i NAINAEA r Susan CraiD Vle LLC.., dbaffho Vestavia Omap PNONE e„tt. 203 552-0244 ___� Ev ._... 205.2#A-8472 2M Columbiana Road, Suits 2300 qua ADDRESS: _. NSOREO NaphCam,I= 2090 Columbtana, Road, Suits 4000 ANY RECARREMENT, TERM OR CONDITION OF At i. MAY PERTAIN, THE INSURANCE AFFORDED 81 :SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN CLAIt4ADE L OCCUR A , Y N #D 01 'L AGGREGATE UMIT.AP�PL'I'E"S PER: POLICY I-] JEC t._.._I LCCt B 'X ANYAUTO Y N CAP4116362 CHEDULED OWNED4-- AUTOS ONLYUTOS HIRED04YOWNED AUTOSONLYUTOS ONLY J}�UNaRaLLAt Y92SS01EXCESS Use GLMms-we �. I 0 RETENTfON WORKERS COMPENSATION G ANDaMPLOYeR>Ptuatim YIN N UB-1P248768-19-51-K Pn}aTORrnARTNEA,:xEauTNE tt?ENCUkCLiJDfD? NIA UB-1P25092M1&61-R 1fEien6atwYIAmYM HH) HH) i SC I(yyRIPTIOPTIOC IIfF DESCN OF OPEaAnONS bCICm A i Professional Liability Y) N 9OUS6501 12131/20i9 i 12MI12020 tPS1k717AMF 0913012019 1213VW20 V TO ALL THE TERMS, i t Inm I'dxoe I I ( I I Ann. Aggregate j $6,500,000 IESMPTI¢N aF OPCRADONSI LOCATIONS 11180019S Ul£dRD lei, Adwilaet Re da Setwduk, Amy et4t000 9"osp eI,"A lkki It is understood and agraad the City Ana, atiicars, employees. ages ta, volunteers and reprosentaltm are named as additional insured as respects their OnAtand with NaphCare, Inc.: Me Insurance provided dy NaphCara, In£., Shall be primary and non-£omntxltarY to the insurance carried by the City of Santa Ana, it policies are, changed materially modified a thirty (30) day notice shag be proviied to the City of Santa.. Ana as respects their Contract with NaImCara,. Inc. 11 DivisionCity of Santa Risk Management � e SHOULD ANY OF THE ABOVE THE EXPIRATION DATE T'. ACCORDANCEWrFHTHEFOL Q 1988=2015 AC ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD ;0' TRRON1,4SH A utvrty.turn Company 9RONSHORE SPECIALTY INSURANCE COMPANY MailingAddress: 75 Federal Street Sth Floor Boston, MA 02110 Toll Free: (877) IRON411 Endorsement FcltcyNmnber. Endoisemem Efts ive Cute; 12PIV2019 insured N8 ,Ine- ae• The City of Santa AN, 1 1 volunteers and Ore iftdUdOd as additIonat Insureds under the abaft -described Coverage Partp) of prmided by this palloystraillsainirmary and norreartributory, provided that the alleged acts or emissions giving rise to the Imbility are othermse covered by the polity. 5FEgAL leL1YE.®.�I'llATlfkN The poky is hereby amendedas enliou We wNl provide thirty(90) rays Prior notification to the lied oi5antaAna to the Want that we cancel at materially change or after this policy. City Of Santa Ana 20 Cmc Center Piama Santa Ana, CaSPorpta 92701 v 4 s, I NNirFmT-v1 ivklm 1 02- Francine R. ni9lolly signed b9 Frzncine R. Viiii Villareal aCli CERTIFICATE OF LIABILITY INSURANCE -'� DATE(MWDDMW) 10/29/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Susan Crain VIC, Li dbai Vestavia Group 2090 Columbiana Road, Suite 2300 PNON E 205-552-0244 FAx __.......- (Alc Net: 205-244-8072 —I —__ EMAIL ADDRESS: INSURER(S)AFFORDINGCOVERAGE NAICN Birmingham _, _._ -. AL 35216 INSURER A: Ironshore Insurance Company"A" XV 23647 INSURED INSURER B: Great American Insurance Company i XV 16691 NaphCare, Inc. INSURER c: The Travelers Insurance Company"i XV 25658 2090 Columbiana Road, Suite 4000 INSURER D: _ INSURER E: Birmingham AL 35216 1 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS Ri TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED- NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSURANCE ADOL SUBR: _-..._. LTR TYPE OF INSURANCE POLICYEFF POLICY EXP-_- POLICYNUMBER MMlp0/YYYY MMA)0 LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE Is 1,000,000 'X CLAIMS -MADE OCCUR -_. DAMAGE TO RENTED A —.—� Y N 003$$6501 12/31/2019 12/31/2020 PREMISES Eao 'amce)-- $ 50,000 MEe EXP An ( y one perecn) $ 5,000 _ PERSONAL & ADV INJURY $ 1,000,000 � GEN'L AGGREGATE E LIMIT APPLIES PER GENERAL AGGREGATE $ 6,500,000 POLICY0 JECT `� LOC PRODUCTS-COMP/OPAGG —_ $ 1,000,000 $ OTHER: AUTOMOBILELIABRUTY COMBINED SINGLE LIMIT a ,aoaldenl s 1,000,000 B ANY AUTO X _ Y N CAP1116396 09/30/2020 09/30/2021 BODILYINJURY {Per person) $ XXXXXXXX GwNEO IscHEouLEO _.. _._ AUTOS ONLY `I AUTOS BODILY INJURv {per accitlent) $ XXXXXXXX HIRED NON -OWNED AUTOS ONLY AUTOS ONLY V--{ (PROPERTY DAMAGE i (Per acdtlenU $ XXXXXXXX A I UMBRELLALIAB L Y N 003928601 12131f2019 12/31/2020 EACH OCCURRENCE $ 5,000,000 EXCESSLAB X1{ coalMs-M40E AGGREGATE s 5,000,000 DED RETENTION $ S WORKERS COMPENSATION _ X C AND EMPLOYERS' LIABILnY Y� N UB-1 P248768-20.51-K 09/30/2020 09l3012021 STATUTE .,,_,_! ER E.L. EACH AcciDENT _-. -_ $--,,((( ,000 ANYPROPRIETORRARTNER/EXECUTNE OFFICER)MEMSER EXCLUDED? Y :NIA UB-1P250924-20-51-R_ .DISEASE -EA EMPLOYEE!$ ___-___ 1,000,000 NH) (Mandatory in.rider If y¢s, describe under i �, E.L. DISEASE - POLICY LIMIT _ $ 1,000,000 DESCRIPTION OF OPERATIONS below A Professional Liability Y M 003886501 1 12/31/2019 12/31/2020 Each Med Incident 1,OOQ000 Claims Made ''_ Ann. Aggregate i 6,500,000. DESCRIPTION OF OPERATIONS LOCATIONS) VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space is required) It is understood and agreed the City of Santa Ana, its officers, employees, agents , volunteers, and representatives are named as Additional Insured, as respects their contract with Naphcare, Inc; the insurance provided by Naphcare, Inc., shall be primary and non-contributory to the insurance carried by the City of Santa Ana; The City shall receive a (30) thirty day notice of any material modification of the policies, as respects their contract with Naphcare, Inc. City of Santa Ana Risk Management Division 20 Civic Center Plaza (M-30) P. 0. Box 1988 Santa Ana, CA 92702-1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CO ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Rime MaRaganent Diuiaian REVIEWED & APPROVED BY: '� Risk Management Analyst IRONSHORE SPECIALTY INSURANCE COMPANY 175 Berkeley Street Boston, MA02116 Toll Free: (877) IRON411 Endorsement M 5 Policy Number: 003886501 Insured Name: NaphCare, Inc. Effective Date of Endorsement: December 31, 2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CITY OF SANTA ANA ENDORSEMENT LIMITS OF LIABILITY THIS ENDORSEMENT MODIFIES THE GENERAL LIABILITY COVERAGE PART AND THE PROFESSIONAL LIABILITY COVERAGE PART OF THE POLICY AS FOLLOWS: The coverage provided by the policy applies to each insured against whom claim is made or suit is brought subject to the applicable limit of liability. ADDITIONAL INSUREDS THIS ENDORSEMENT MODIFIES THE GENERAL LIABILITY COVERAGE PART AND THE PROFESSIONAL LIABILITY COVERAGE PART OF THE POLICY AS FOLLOWS: The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701, its officers, employees, agents, volunteers and representatives are included as additional insureds under the above -described Coverage Part(s) of the policy, but only with respect to liability arising solely out of the operations of the policyholder. The coverage provided by this policy shall be primary and non-contributory, provided that the alleged acts or omissions giving rise to the liability are otherwise covered by the policy. SPECIAL NOTICE OF CANCELLATION The policy is hereby amended as follows: We will provide thirty (30) days prior notification to the City of Santa Ana in the event that we cancel or materially change or alter this policy. City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 All other terms and conditions of this Policy remain unchanged. Authorized Representative MMF.END.171 (2.19 ed.) May 22, 2020 Date Pa Rime 1ilwagnnent Diaisian REVIEWED&APPROVED By., f aaa.o:.r.e R. vdt,44e '� Risk Management Analyst Francine R. Digitally signed by FrancineR. Villareal Villareal Date:2022.01.20 13:34:07-08'00' ACCWV CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 01 /18/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER VIG, LLC., dba/The Vestavia Group CONTACT NAME: Susan Crain PNONE . 205-552-0244 ac No): 205-244-8072 E-MAIL ADDRESS: SUSan.Crafn@V2StaVlagrOUp.COm 2090 Columbiana Road, Suite 2300 INSURERS AFFORDING COVERAGE NAIC # INSURERA: Ironshore Insurance Company "A" XV 25445 Birmingham AL 35216 INSURED INSURER B : Great American Insuance Company"A+"XIV" 16691 INSURER C : The Travelers Indemnity Company "A++" XV 19046 NaphCare, Inc. INSURER D 2090 Columbiana Road, Suite 4000 INSURER E Birmingham, AL 35216 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICYNUMBER POLICY EFF MMIDD POLICY EXP MMIDD LIMITS A X COMMERCIAL GENERAL LIABILITY Y N HC7BAB5A62002 12/31/2021 12/31/2022 EACH OCCURRENCE $ 2,000,000 X I CLAIMS -MADE El OCCUR DAMAGE To RENTED- PREM SES (E. occurrence) $ 50,000 MED EXP (Any one person) $ 5,000 Retro date: 12/31/2018 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 8,000,000 POLICY PRO- JECT 7 LOC PRODUCTS - COMP/OP AGG $ 1,000,000 $ OTHER: _R B AUTOMOBILE LIABILITY Y N CAP-1116396 09/30/2021 09/30/2022 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) _ $ XXXXXXXX ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ XXXXXXXX PROPERTY DAMAGE Per accident $ XXXXXXXX HIRED NON -OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB z OCCUR Y N HC7BAB5A67002 12/31/2021 12/31/2022 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAR CLAIMS MADE DIED RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? y (Mandatory in NH) NIA N UB-1P248768-21-51-K UB-1 P250924-21-51-K 09/30/2021 09/30/2022 X I STATUTE I ERH E.L. EACH ACCIDENT — $ 1,000,000 E.L. DISEASE - EA EMPLOYEE -- $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Professional Liability Claims Made Y N HC7BAB5A62002 12/31/2021 12I31/2022 2,000,000 Retro: 7/01 /2003 8,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) It is understood and agreed The City of Santa Ana, its officers, employees, agents, volunteers and representatives are named as Additional Insured, as respects their contract with NaphCare, Inc.; the insurance provided by Naphcare, Inc., shall be primary and non-contributory to the insurance carried by the City of Santa Ana; The City shall receive a (30) thirty day notice of any material modification of policies, as respects their contract with NaphCare, Inc. CERTIFICATE HOLDER CANCELLATION City of Santa Ana Risk Management Division SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 Civic Center Plaza ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana, CA 92702-1988 AUTHORIZED REPRESENTATIVE o" Nye z RiskMwaganentDivision REVIEWED & APPROVED BY. 01988-2015 ACORD C ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD --- Risk Management Analyst O' I _E IRONSHORE SPECIALTY INSURANCE COMPANY 175 Berkeley Street Boston, MA 02116 Toil Free: (877) IRON411 Endorsement # 5 Policy Number: HC7BAB5A62002 Insured Name: NaphCare, Inc. Effective Date of Endorsement: December 31, 2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CITY OF SANTA ANA ENDORSEMENT LIMITS OF LIABILITY THIS ENDORSEMENT MODIFIES THE GENERAL LIABILITY COVERAGE PART AND THE PROFESSIONAL LIABILITY COVERAGE PART OF THE POLICY AS FOLLOWS: The coverage provided by the policy applies to each insured against whom claim is made or suit is brought subject to the applicable limit of liability. ADDITIONAL INSUREDS THIS ENDORSEMENT MODIFIES THE GENERAL LIABILITY COVERAGE PART AND THE PROFESSIONAL LIABILITY COVERAGE PART OF THE POLICY AS FOLLOWS: The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701, its officers, employees, agents, volunteers and representatives are included as additional insureds under the above -described Coverage Part(s) of the policy, but only with respect to liability arising solely out of the operations of the policyholder. The coverage provided by this policy shall be primary and non-contributory, provided that the alleged acts or omissions giving rise to the liability are otherwise covered by the policy. SPECIAL NOTICE OF CANCELLATION The policy is hereby amended as follows: We will provide thirty (30) days'prior notification to the City of Santa Ana in the event that we cancel or materially change or alter this policy. City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 All other terms and conditions of this Policy remain unchanged. Authorized Representative MMF.END.171(2.19 ed.) May 22, 2020 Date Pa o NSF Risk Management])Msian z REVIEWED & APPROVED BY. - Risk Management Analyst